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should be tried as an enemy combatant in the military tribunal. but i think the obama administration was arguing very reasonably this was basically a u.s. citizen. tsarnaev had recently been naturalized, who committed allegedly, these acts on u.s. soil. so it was pretty straightforward. and you know, what's been left out of the conversation, i think is just how troubled the military tribunal system has become. it has really become difficult. a lot of tainted evidence, a lot of questions about whether, in any way, you can reconcile the procedures of these military tribunals with the constitution. that's something the administration didn't want to get into particularly given as carney pointed out you've had hundreds of terrorists prosecuted in u.s. courts and quite successfully. >> bill: in fact, senator dianne feinstein and yesterday jay carney made the same point that it would be -- it is unconstitutional to try an american citizen as an enemy combatant, right? an american citizen has certain rights under the constitution which we just can't ignore. >> yeah, i mean you know, there ar
in america's newsroom. martha: several republican lawmakers are now questioning the obama administration's decision not to treat the boston bombing suspect dzhokhar tsarnaev as an enemy combatant. he will face a civilian trial in criminal court. civilian complaint is revealing details from the carjacking to the shootout in police. listen to this from the documents released yesterday. the man point ad firearm at the victim, the person who was carjacked, did you hear about the boston explosion? and i did that. the man removed the magazine from his gun and showed the vipg tim it had a bullet in it and reinstated the magazine and stated, i am serious. new york city mayor, rudy giuliani helped lead the nation out of 9/11 terror attacks and we i will be remembered for that going forward and rely on you for your expertise how you break down these things. a lot of people bush for enemy combatant status. the white house doesn't want to go there. is that a wise decision on their part. >> i don't think so. martha: why? >> the white house is a in state of denial and has been that way since major has
be considered an enemy combatant? >> guest: absolutely goes back to the civil war. goes certainly to world war ii. anwar al-awlaki was american-born. president obama use ad drone to kill him in the wilds of yemen. if you, if you fill eight yourself with enemy forces and you go to war against american citizens and you kill americans will fully and you do so on behalf of a movement or enemy forces then indeed you can be considered an enemy combatant. being a enemy combatant simply because you're an american citizen. if in world war ii you went over and joined nazi forces were you not a enemy combatant? of course you were. . . >> he didn't treat those terrible tragedies as access war, but appropriately treated them as heinous criminal acts to be investigated, prosecuted, and appropriately punishes. >> host: al-alwaki was an american citizen, kimed on orders of president obama. did president obama violate the constitution by doing that? >> guest: well, actually, we have a lawsuit in which we are seeking to get answers from the administration about what legal standards they used and invoked. >> see
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